Becker v. State

767 A.2d 816, 363 Md. 77, 2001 Md. LEXIS 84
CourtCourt of Appeals of Maryland
DecidedMarch 2, 2001
Docket111, Sept. Term, 1999
StatusPublished
Cited by15 cases

This text of 767 A.2d 816 (Becker v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Becker v. State, 767 A.2d 816, 363 Md. 77, 2001 Md. LEXIS 84 (Md. 2001).

Opinion

ELDRIDGE, Judge.

Maryland Code (1974, 1996 Repl.Vol., 2000 Supp.), § 14-120 of the Real Property Article authorizes a state’s attorney, a county attorney, an affected community association, or a municipality to bring an action in the District Court of Maryland *80 for abatement of a nuisance against a property owner or occupant when real property is used in connection with illegal drug activity. Pursuant to such an action for abatement, the petitioner in this case was ordered to destroy his property. We issued a writ of certiorari to decide whether § 14-120 authorized the court order requiring the owner to demolish the property.

I.

Petitioner Allen Becker is the owner of record of the corner property located at 2900 Springhill Avenue in a residential area of Baltimore City. Becker conveyed the property to Ulysses Holmes in 1992 pursuant to a land installment contract. 1 The property is a two-story structure. Holmes operated a grocery store on the first floor and resided on the second floor.

In August 1998, the State’s Attorney for Baltimore City filed a “Complaint for Abatement of Nuisance and Other Relief’ in the District Court, Baltimore City, against Holmes and Becker in connection with the property. 2 The complaint alleged that Holmes and Becker “created a nuisance at the Property by allowing the Property to be used for the purpose of illegally distributing, storing, and administering” controlled dangerous substances. The complaint stated that drug users “frequently gather inside, in front of, on the side of, and in back of the Property for the purpose of purchasing and using *81 controlled dangerous substances.” The complaint further stated that drug dealers obtain their drugs from “inside or about the Property” and sell the drugs daily in the neighborhood. It was also alleged that drug users loiter on the steps of nearby properties, deposit trash including needles, block traffic, and make noise while waiting to purchase drugs. As a result of the illegal drug activity, the complaint asserted, residents of the community are afraid to leave their homes or park their cars near the property.

The complaint requested the court to declare the property a nuisance, order Holmes to vacate the property, and require Becker to maintain the property so as to abate the nuisance. The complaint also sought an order requiring Becker to submit for court approval a plan to ensure that the property will not again be used for a nuisance and requested “such other and further relief as the nature of the case may require.” Upon filing the complaint, notice was duly posted on the property as required by § 14-120(d) which states the following:

“(d) Posted notices. — (1) In addition to any service of process required by the Maryland Rules, the plaintiff shall cause to be posted in a conspicuous place on the property no later than 48 hours before the hearing the notice required under paragraph (2) of this subsection.
(2) The notice shall indicate:
(i) The nature of the proceedings;
(ii) The time and place of the hearing; and
(iii) The name and telephone number of the person to contact for additional information.”

The trial against Holmes and Becker commenced on February 23, 1999. Five police officers testified to the rampant drug activity at the corner property and nearby area during all hours of the day and night. According to their testimony, drug users went into the grocery store and purchased drugs from employees behind the counter. The police officers described sting operations conducted by the Baltimore City Police Department where individuals came into the store and *82 requested drugs from undercover officers posing as employees. The police officers also testified that drug dealers used the grocery store as a “habitat,” stashing their product in and near the store, including in the door jamb, by the front steps, and in the rear of the property. The officers testified that the grocery store’s reputation among drug users and dealers was widespread, attracting drug-related activity from outside areas. Moreover, one neighborhood resident testified that the drug activity at and near the property was just as prevalent at night after the store was closed. In all, according to the testimony, Baltimore City police officers responded to 486 drug-related calls concerning the property and the nearby area between January 1, 1995, and February 18, 1999. Each of the officers testified that closing the grocery store was the only way to stop the drug activity on the property.

The District Court found that the property was a nuisance as defined by § 14-120(a)(4) which provides:

“(4) Nuisance means a property that is used:
(i) By persons who assemble for the specific purpose of illegally administering a controlled dangerous substance;
(ii) For the illegal manufacture, or distribution of:
1. A controlled dangerous substance; or
2. Controlled paraphernalia, as defined in Article 27, § 287(d) of the Code; or
(iii) For the illegal storage or concealment of a controlled dangerous substance in sufficient quantity to reasonably indicate under all the circumstances an intent to manufacture, distribute, or dispense:
1. A controlled dangerous substance; or
2. Controlled paraphernalia, as defined in Article 27, § 287(d) of the Code.”

The court stated that “[t]he store at 2900 Springhill Avenue is a convenience store. I am convinced ... its primary convenience is to people who are selling narcotics.” The court also found that Holmes had knowledge of the nuisance and that, while there was no evidence that Holmes participated in the illegal drug activity, his acquiescence facilitated the drug *83 operation in and around the grocery store. Although there was no evidence that Becker had actual knowledge of the illegal drug activity on or near the property, the District Court held that knowledge of the nuisance could be imputed to him from the time the notice was posted in August 1998.

The District Court reviewed the remedies that were available under the statute and stated that, in its view, it could order Becker to raze the property. Subsections (e) and (f) set forth the remedies available in an action brought under § 14-120. Subsection (e), relating to equitable remedies, states as follows:

“(e) Jurisdiction. — The court may issue an injunction or order other equitable relief whether or not an adequate remedy exists at law.”

Subsection (f)(1) through (4) sets forth additional remedies as follows:

“(f) Remedies.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Express Scripts v. Anne Arundel Cnty.
Court of Appeals of Maryland, 2026
Assoc. for Accessible Medicine v. Brian Frosh
887 F.3d 664 (Fourth Circuit, 2018)
VNA Hospice of Md. v. DEPT. OF HEALTH AND MENTAL HYGIENE
961 A.2d 557 (Court of Appeals of Maryland, 2008)
Koshko v. Haining
921 A.2d 171 (Court of Appeals of Maryland, 2007)
Koshko v. Haining
897 A.2d 866 (Court of Special Appeals of Maryland, 2006)
Rios v. Montgomery County
872 A.2d 1 (Court of Appeals of Maryland, 2005)
Serio v. Baltimore County
863 A.2d 952 (Court of Appeals of Maryland, 2004)
R.A. Ponte Architects, Ltd. v. Investors' Alert, Inc.
857 A.2d 1 (Court of Appeals of Maryland, 2004)
Murrell v. Mayor of Baltimore
829 A.2d 548 (Court of Appeals of Maryland, 2003)
State v. Smith
823 A.2d 664 (Court of Appeals of Maryland, 2003)
(2002)
87 Op. Att'y Gen. 76 (Maryland Attorney General Reports, 2002)
Farrell v. State
774 A.2d 387 (Court of Appeals of Maryland, 2001)
Montrose Christian School Corp. v. Walsh
770 A.2d 111 (Court of Appeals of Maryland, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
767 A.2d 816, 363 Md. 77, 2001 Md. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/becker-v-state-md-2001.